1.1. The party to the Agreement is Rather Labs Inc. domiciled at 2810 N Church St, Wilmington, Delaware, US, hereinafter referred to as “Chomky” or “RL” interchangeably. The user will be understood as provided in the definition contained in point 2.1.2. Chomky and the User are referred to as "Parties" collectively and as "Party" individually.
For these Terms and Conditions, it will be understood as: "Chomky" is a computer program that through the use of artificial intelligence (hereinafter "AI") simulates the interaction of the User with a human person; whose purpose, for these Terms and Conditions, turns out to be teaching the User the languages specified in point 6.1 of these Terms and Conditions, selected by the User. The User, through the interaction with Chomky, will be able to select the courses that best suit their learning needs, time and abilities, which will be guided and recommended by Chomky;
"Membership" is the possibility for Users to acquire, through prior payment, premium services offered by Chomky, detailed in clause 7 of these Terms and Conditions;
"Platform" is understood as the messaging service called WhatsApp;
"User" means any natural person who uses Chomky, either for its free version, or purchases the Membership service, acquiring in their name and on their own behalf or on behalf of third parties, and at their own cost;
"Service" is any action carried out by Chomky in favor of Users. This Service may be modified in the future, and the User must review these Terms and Conditions periodically;
“Site” is the Chomky web page hosted on the domain https://www.chomky.io/
3. Amendments / Updates to the Terms and Conditions
4. Improvement of the Terms and Conditions. Validity.
4.1. By using Chomky Services, and/or accessing the Site, registering and contracting the chosen Membership; The User declares that they have read, understood and accepted these terms and conditions in all their parts and they will enter into force and it will be considered that both Parties have agreed to be legally bound.
4.2. These Terms and Conditions will remain in force and will bind the Parties as long as the User complies with all the obligations under his/her responsibility, while the User continues to use the Services and, for that matter, keeping his account valid with the payment of the chosen Membership.
5. Use of Contents / Services and Obligations of Chomky Related to the User Account
5.2. Use of User Accounts
5.2.1. The User must accept and guarantee to provide the complete and accurate information that is required by Chomky, in accordance with these Terms and Conditions and/or the Privacy Policies. Likewise, you must keep the information updated when the User uses the Chomky Services in any way.
5.2.2. In no case will the User have the right to allow third parties to use the Service, either permanently or temporarily. Otherwise, Chomky may suspend the respective User's account permanently or temporarily.
5.2.3. The User will be solely responsible for the consequences of allowing third parties to use their account. In no case will Chomky be responsible for the misuse by third parties that use the User's account, whether permanently/temporarily or partially/completely.
5.2.4. The User must accept and guarantee that he will not share his account information with any third party, to protect and keep the referred information confidential and notify Chomky immediately in the event of a security breach. Chomky is not responsible for any damages, losses, costs and any other adverse results arising from such unauthorized use.
5.2.6. The User agrees not to violate, reverse engineer, decompile, reverse, disassemble or otherwise exploit the Site and/or Chomky and/or its contents/services. Additionally, the User accepts that they will not provide help and assistance to others in relation to the referred actions.
5.2.7. By using the Chomky Services, the User guarantees not to transfer, communicate, publish, display, save, assign, send, forward, maintain, provide access to any content interpreted as illegal, harassing, threatening, harmful, aggrieved, defamatory, abusive, rude, containing violence, slang, pornographic, sexually offensive, interference with the privacy of other people, racist or humiliating, ethnic identities or similar inconvenience to Chomky, its affiliates, directors, employees, other Users and any other third party, guaranteeing not to use the Chomky Services in the manner referred to.
6. Description of the Service
6.1. Chomky is a program that using AI simulating the interaction with a human person, through the WhatsApp platform, can determine the level of language to be learned selected by the User, offering the learning alternatives that best suit the User's needs. Chomky will offer the User the possibility of having written and/or audio lessons, receiving periodic evaluations of their level, being able to raise the level of demand as the User demonstrates progress in their interactions and classes with Chomky. The greater the User's interaction with Chomky, the latter will achieve a better knowledge of the User, being able to improve the lessons provided, in order to achieve the best understanding and learning of the language selected by the User.
The User will be able to choose learning lessons, maintenance and advanced level of the English, Spanish, French language, and those that are added in the future, and the User must consult the Site in order to be able to find out about new languages. Chomky offers the User and to the general public various plan options: A free service (called “Plan Free”), being able to consult the details and scope of its free service on the page https://www.chomky.io/
In the event that the User wishes, they may access a Membership Service (called "Plus Plan"), where they may use Chomky's Services. Details of the Services included in the Plus Plan can also be found at https://www.chomky.io/
6.2. The User accepts that all information provided by Chomky may not be correct, up-to-date, reliable, etc., the use of said information being the sole responsibility of the User.
7.1. Some of the Services provided by Chomky require payment from the User. will have the exclusive right to determine which Services require payment and in what way and for how long this determination will continue, and the User must sporadically consult the Site, where updates will be published, which may also be communicated by WhatsApp.
7.2. It is noted that the prices reported on the Site are final, with taxes included. Said charges may be modified, which will be notified through Chomky and/or by the Site, indistinctly. Prices are expressed in Argentine Pesos or in US dollars, according to the chosen platform. The prices are informed on the Site. For more information, you should consult the terms and conditions of the chosen payment platform.
7.4. Chomky informs that it has designated FyF & Asociados SRL, located at Padilla 1276, CABA, Argentine Republic, CUIT 30-71789845-8, as the company authorized to market the detailed Services within the territory of the Argentine Republic.
8.2. In the case of contracting the Membership, Mercado Pago and/or Stripe may require the User personal data such as full name, type and number of identity document, credit / debit card number, card expiration, security code , and an email. Said data will be processed by said payment platform, and the User must consult the Privacy and Data Protection Policies that apply to each site.
9. Intellectual Property Rights
9.1. Chomky is a trademark registered by its owners, so its reproduction, use in any way, without proper authorization, may result in a violation of current legislation, with the User being responsible for any damages caused.
9.2. All the brands mentioned in these Terms and Conditions turn out to be trademarks registered by their owners, their reproduction, use, and/or commercialization being expressly prohibited without having the proper authorization.
10. Compensation and Appeal
11. Limitation of Liability
11.1. IN NO EVENT SHALL CHOMKY BE LIABLE TO THE USER OR THIRD PARTIES RELATED TO THE USER OR THE GENERAL PUBLIC FOR ANY DAMAGES, LOSS OF CHANCE, LOST PROFITS, AND/OR ANY OTHER DAMAGES THAT MAY ARISE FROM THE USER'S USE, ABUSE, INABILITY TO USE, MISUSE OF THE SITE AND/OR CHOMKY.
12. Force Majeure
Chomky shall not be liable for any failure or delay in performance of these Terms and Conditions (including but not limited to Chomky's failure to perform its obligations) due to force majeure, reasonably unforeseeable events occurring outside of Chomky's control (including but not limited to acts of nature, war, terrorist attack, rebellion, embargo, acts, decisions and regulations of civil or military authorities, fires, floods, accidents, strikes, limitation of transportation facilities or lack of fuel , energy, work or materials).
13. Relationship Between the Parties
These Terms and Conditions shall not constitute or be construed as the establishment of a joint venture, partnership, agency, employment or any other similar relationship between the Parties. These Terms and Conditions will not affect any other prior agreements between the Parties, as long as these prior agreements do not contravene the provisions of these Terms and Conditions.
14. Partial Disability
If any provision contained in these Terms and Conditions is found to be unlawful or unenforceable for any reason, that provision will be superseded by a valid one to the fullest extent permissible in order to pursue the intent of the Parties and the remainder of these Terms and Conditions will remain in full. force and effect. However, if the clause is determined to be illegal or unenforceable or cannot be restated, it is agreed that the clause in question would be severable from the rest of the provisions of these terms and conditions and that determination will not affect the validity and enforceability of these provisions. remaining.
15. No Disclaimer
15.1. Chomky's failure to enforce any provision contained in these Terms and Conditions shall never be construed as a waiver or waiver of the Parties' right to assert or rely on the provision in question or any other provision of these Terms. and Conditions.
15.2. Chomky's explicit waiver of any provision of these Terms and Conditions shall never constitute Chomky's waiver of its obligation to act in accordance with the provision in question in the future.
16. Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the Laws of Delaware, United States. The Parties give their consent to the exclusive jurisdiction of the Courts of said jurisdiction, waiving another class of jurisdiction or jurisdiction.